Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 161 contracts
Sources: Asset Purchase Agreement (Moxian (BVI) Inc), Asset Purchase Agreement (Greenfield Groves Inc.), Asset Purchase Agreement (PureBase Corp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 17 contracts
Sources: Merger Agreement (Pixelworks Inc), Stock Purchase Agreement (Digital River Inc /De), Asset Purchase Agreement (Digital River Inc /De)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach Breach or threatened breach Breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bii) an injunction restraining such breach Breach or threatened breachBreach.
Appears in 8 contracts
Sources: Merger Agreement (Netivation Com Inc), Agreement and Plan of Merger (Medinex Systems Inc), Merger Agreement (Netivation Com Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. The parties agree that neither Parent nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Legal Proceeding.
Appears in 7 contracts
Sources: Merger Agreement (Verity Inc \De\), Merger Agreement (Dot Hill Systems Corp), Merger Agreement (Acquicor Technology Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party the Corporation to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (aA) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bB) an injunction restraining such breach or threatened breach.
Appears in 6 contracts
Sources: Stock Purchase Agreement (North American Oil & Gas Corp.), Stock Purchase Agreement (North American Oil & Gas Corp.), Stock Purchase Agreement (North American Oil & Gas Corp.)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement hereby agree that, that in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any the other party to this Agreementparty, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 4 contracts
Sources: Merger Agreement (Coinstar Inc), Merger Agreement (American Coin Merchandising Inc), Merger Agreement (American Coin Merchandising Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties to this Agreement Parties hereto agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party Party to this Agreement, such other party Party shall be entitled (in addition to any other remedy that may be available to itit and without the requirement of the posting of a bond) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 4 contracts
Sources: Contribution Agreement (Oneok Inc /New/), Purchase and Sale Agreement (Oneok Inc /New/), Contribution Agreement (Northern Border Partners Lp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties to this Agreement Parties agree that, in the event of any breach or threatened breach by any party to this Agreement Party of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this AgreementParty, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 3 contracts
Sources: Membership Interest Purchase and Sale Agreement (Novus Capital Corp), Asset Purchase Agreement (Intermune Inc), Asset Purchase Agreement (Intermune Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this the Agreement agree that, in the event of any breach or threatened breach by any party to this the Agreement of any covenant, obligation or other provision set forth in this the Agreement for the benefit of any other party to this the Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (bii) an injunction restraining such breach or threatened breach.
Appears in 3 contracts
Sources: Joint Venture Agreement (Winwin Gaming Inc), Voting Agreement (Winwin Gaming Inc), Voting Agreement (Winwin Gaming Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party the Company to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 3 contracts
Sources: Security Agreement (Unity Wireless Corp), Security Agreement (Unity Wireless Corp), Loan and Security Agreement (Us Electricar Inc)
Remedies Cumulative; Specific Performance. The Notwithstanding anything to the contrary set forth in this Agreement, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 3 contracts
Sources: Merger Agreement (Poseida Therapeutics, Inc.), Merger Agreement (Poseida Therapeutics, Inc.), Merger Agreement (Dot Hill Systems Corp)
Remedies Cumulative; Specific Performance. The Except as otherwise provided in this Agreement, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 3 contracts
Sources: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.), Merger Agreement (Mitokor), Merger Agreement (Copper Mountain Networks Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to seek (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Merger Agreement (Catalyst International Inc), Merger Agreement (Cypress Bioscience Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, except as provided in Section 10.3, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Borland Software Corp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree Each party agrees that, in the event of any breach or threatened breach by any the other party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to to: (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, ; and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Accelrys, Inc.), Asset Purchase Agreement (Symyx Technologies Inc)
Remedies Cumulative; Specific Performance. The Except as set forth in Section 9, the rights and remedies of the parties hereto shall will be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall will be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Purchase Agreement (Quokka Sports Inc), Agreement and Plan of Merger and Reorganization (Quokka Sports Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. The parties agree that no party shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Legal Proceeding.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Vir Biotechnology, Inc.), Securities Purchase Agreement (Vir Biotechnology, Inc.)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties Parties to this Agreement agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party Party to this Agreement, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.. (Signatures appear on the following page)
Appears in 2 contracts
Sources: Asset Purchase Agreement (Interface Inc), Asset Purchase Agreement (Cmi Industries Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties Parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Settlement Agreement (WOD Retail Solutions, Inc.), Settlement Agreement (WOD Retail Solutions, Inc.)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties Parties to this Agreement agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party Party to this Agreement, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Dixie Group Inc), Securities Purchase Agreement (Dixie Group Inc)
Remedies Cumulative; Specific Performance. The Except with respect to equitable claims, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Merger Agreement (Select Medical Corp), Stock Purchase Agreement (Select Medical Corp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party the Corporation to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to itit under this Agreement or otherwise) to (aA) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bB) an injunction restraining such breach or threatened breach.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Jagen Pty LTD), Stock Purchase Agreement (Enova Systems Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. The parties hereto acknowledge and agree that the Investors are intended to be third party beneficiaries under this Agreement.
Appears in 2 contracts
Sources: Contribution Agreement (RXi Pharmaceuticals Corp), Contribution Agreement (Galena Biopharma, Inc.)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, that in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other the non-breaching party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bii) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Planet Polymer Technologies Inc)
Remedies Cumulative; Specific Performance. The Except as limited by Section 9.3, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternativealternative or mutually exclusive). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or writ of mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Memorandum of Understanding (Aegean Earth & Marine CORP)
Remedies Cumulative; Specific Performance. The Except as otherwise provided herein, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Merger Agreement (Alliedsignal Inc)
Remedies Cumulative; Specific Performance. The rights All remedies, either under this Agreement or by law or otherwise afforded to the parties hereto, shall be cumulative and remedies not alternative. Each of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, agrees that in the event of any breach or threatened breach by any a party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such the other party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bii) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative)) except as expressly provided otherwise herein. The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Merger Agreement (Media 100 Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the 38 observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in In the event of any breach or threatened breach by any party to the Company this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breachbreach (without any requirement to post a bond or other security).
Appears in 1 contract
Sources: Security Agreement (MDwerks, Inc.)
Remedies Cumulative; Specific Performance. The Except as set forth in Article 13, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bii) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Jakks Pacific Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach. The parties agree that no party shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Legal Proceeding.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled to seek (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. Neither SST nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Sources: Stock Purchase Agreement (Silicon Storage Technology Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto Parties to this Agreement shall be cumulative (and not alternative). The parties Parties agree that to this Agreement agree thatthe extent permitted by applicable law, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation obligation, or other provision set forth in this Agreement for the benefit of any the other party to this AgreementParty, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to to: (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, ; and (bii) an injunction restraining such breach or threatened breach. No Party shall be required to provide any bond or other security in connection with any such decree, order, or injunction or in connection with any related action or legal proceeding.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach Breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breachBreach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agreement agree that, in the event of any breach or threatened breach by any party to this Agreement agreement of any covenant, obligation or other provision set forth in this Agreement agreement for the benefit of any other party to this Agreementagreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement hereto agree that, that in the event of any breach or threatened breach by any a party to this Settlement Agreement of any covenant, obligation or other provision set forth contained in this Agreement for Settlement Agreement, the benefit of any other party parties to this Agreement, such other party Settlement Agreement shall be entitled (in addition to any other remedy that may be available to itthem) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Settlement Agreement (Nassda Corp)
Remedies Cumulative; Specific Performance. The Except as otherwise set forth in this Agreement, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or of threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (aA) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bB) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Partnership Interest Purchase Agreement (Vista Information Solutions Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall to this Agreement will be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this the Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (bii) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any and breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Merger Agreement (Alpha Fibre Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. Neither Tarantella nor any other party shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall to this Agreement will be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach Breach or threatened breach Breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall will be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach Breach or threatened breachBreach.
Appears in 1 contract
Sources: Asset Purchase Agreement (MapLight Therapeutics, Inc.)
Remedies Cumulative; Specific Performance. The Subject to the provisions of Article 8 above, the rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties to this Agreement Parties hereto agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to seek (a) a decree or order Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The Except as set forth in Article 8, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (bii) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Jakks Pacific Inc)
Remedies Cumulative; Specific Performance. The Except as set forth in Article 13, the rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement hereto agree that, in the event of any breach or threatened breach by any party to this Agreement hereto of any covenant, obligation or other provision set forth in this Agreement herein for the benefit of any other party to this Agreementhereto, such other party shall be entitled (in addition to any other remedy that may be available to it) to seek (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Innovative Food Holdings Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement herein for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to seek (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to to: (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, ; and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties to this Agreement Parties hereto agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. The parties agree that no party shall be required to provide any bond or other security in connection with any such Order or in connection with any related Legal Proceeding.
Appears in 1 contract
Sources: Merger Agreement (Rovi Corp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties Parties to this Agreement agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party Party to this Agreement, such other party Party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.. (Signatures Appear on the Following Page)
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall to this Agreement will be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach Breach or threatened breach Breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall will be entitled (in addition to any other remedy that may be available to itit pursuant to this Agreement) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) an injunction restraining such breach Breach or threatened breachBreach.
Appears in 1 contract
Sources: Asset Purchase Agreement (Lm Funding America, Inc.)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree Each party agrees that, : in the event of any breach or threatened breach by any the other party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to seek: (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, ; and (bii) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). The parties Parties to this Agreement agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party Party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to itit pursuant to Section 8, at Law or in equity) to (a) seek a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, provision and (b) seek an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not in alternative). The parties to this Agreement agree that, Each party agrees that in the event of any breach or threatened breach by any the other party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to to: (a) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, ; and (b) an injunction restraining such breach or threatened breach.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach. The parties agree that neither Parent, Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Legal Proceeding.
Appears in 1 contract